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Full-Text Articles in Law
Social Media Policies For Character And Fitness Evaluations, Jessica Belle
Social Media Policies For Character And Fitness Evaluations, Jessica Belle
Washington Journal of Law, Technology & Arts
In 2009, Florida became the first U.S. jurisdiction to articulate a Character and Fitness Evaluation (CFE) policy of examining the social media accounts of bar applicants who had demonstrated a history of questionable conduct such as substance abuse or seeking to violently overthrow the U.S. government. This policy may allow access to otherwise legally inaccessible data, which creates a risk of the bar unlawfully considering information protected by applicants’ constitutional rights. Over the past 60 years, the U.S. Supreme Court has split on whether bar organizations may constitutionally deny bar admission to applicants who refuse to answer certain questions on …
To Mine Or Not To Mine: Recent Developments In The Legal Ethics Debate Regarding Metadata, Boris Reznikov
To Mine Or Not To Mine: Recent Developments In The Legal Ethics Debate Regarding Metadata, Boris Reznikov
Washington Journal of Law, Technology & Arts
The American Bar Association recently decided that attorneys are not violating the Model Rules of Professional Conduct by reviewing opposing parties’ electronic documents for metadata. The stance taken by the American Bar Association contradicts views from ethics committees in other jurisdictions that have determined that lawyers who examine metadata are acting unethically. This Article summarizes the American Bar Association’s decision, as well as the other opinions on metadata, to help practicing attorneys understand the proper ethical considerations they must make when determining whether to look into an electronic document’s metadata.
Client Confidentiality, Professional Privilege And Online Communication: Potential Implications Of The Barton Decision, Kelcey Nichols
Client Confidentiality, Professional Privilege And Online Communication: Potential Implications Of The Barton Decision, Kelcey Nichols
Washington Journal of Law, Technology & Arts
In a recent case of first impression, Barton v. U.S. District Court for the Central District of California, the U.S. Court of Appeals for the Ninth Circuit held that an online communication involving an online intake form filled out by prospective clients gave rise to an attorney-client relationship governed by the duty of confidentiality and subject to attorney-client-privilege. The Ninth Circuit’s multi-factored analysis suggests a modified framework for evaluating when the duty of confidentiality and attorney-client relationship can be formed through online communications. This Article discusses Barton’s implications for attorneys and law firms that communicate with clients and …
Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols
Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols
Washington Journal of Law, Technology & Arts
Recent court decisions in In re Asia Global Crossing, Ltd., People v. Jiang, and Curto v. Medical World Communications have held that attorney-client privilege can protect certain information located on an employer-issued computer from disclosure if the employee had a reasonable expectation of privacy. This Article provides a brief background on attorney-client privilege and explores the factors courts consider when determining whether an employee has this reasonable expectation. These factors include the scope of employer monitoring, the employer-employee agreement pertaining to the computer, the presence of password-protection, the location of the computer, and the relevancy of the evidence …
Electronic Case Filing: Is Failure To Check Email Related To An Electronically Filed Case Malpractice?, Jessica Bekskis
Electronic Case Filing: Is Failure To Check Email Related To An Electronically Filed Case Malpractice?, Jessica Bekskis
Washington Journal of Law, Technology & Arts
This article explores electronic case filing and the duties of lawyers with regard to electronic filing. A recent federal district court case held that an attorney’s failure affirmatively to check the status of his case via email or the court’s PACER system, which resulted in dismissal of the case, did not constitute excusable neglect under Rule 60(b)(1) of the Federal Rules of Civil Procedure. This holding imputes a professional duty on lawyers who use the electronic filing system to check email and the status of their case, suggesting that breaching of such duty may constitute malpractice.
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have To Ensure Clients Follow Court Orders In Litigation Matters, Mafé Rajul
Washington Journal of Law, Technology & Arts
Ensuring a client’s compliance with court orders and federal law is becoming a bigger responsibility for attorneys. This is because courts and Congress are starting to hold attorneys to higher standards with respect to their clients’ compliance with litigation duties and with federal law. This Article will address the duties Congress imposed on lawyers through the Sarbanes-Oxley Act with respect to up-the-ladder reporting and will parallel such standards with those set by the Southern District of New York court in Zubulake with respect to preserving electronic discovery in anticipation of litigation. Although the duties imposed by the Sarbanes-Oxley Act and …
E-Discovery—Can The Producing Party Expect Cost-Shifting?: The New Trend And What Can Be Done To Reduce Production Costs, Mafé Rajul
Washington Journal of Law, Technology & Arts
Now that computers and the Internet have radically changed the way businesses create and transmit information, questions about discovery rules in litigation continue to arise, such as which party should pay for producing electronic discovery. The courts are now considering cost shifting when the cost of production is unduly burdensome on the producing party by applying a seven-factor test. However, cost shifting is not always considered or granted, which is why it is important to have electronic documents relevant to anticipated litigation accessible in order to minimize the cost of producing electronic discovery. This Article will examine how courts are …
Can Law Firms Spam?, Kevin Michael
Can Law Firms Spam?, Kevin Michael
Washington Journal of Law, Technology & Arts
The CAN-SPAM Act of 2003 presents a compliance problem for law firms that issue periodic newsletters to clients or prospective clients. While the Act does not expressly include such newsletters, nor define commercial advertisement in a manner that suggests newsletters will be included, the advisory opinions from state ethics boards suggest that newsletters are advertisements. Arguments can be made that newsletters to current clients are not advertisements. However, given the low cost of compliance with the Act, firms should treat these newsletters as commercial advertisements and adhere to the provisions of the Act.